Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161ZD

161ZD Application for amendment or revocation

(1) The following persons may apply, in the approved form, for the amendment or revocation of a control order—

(a) a Crown prosecutor;

(b) a senior police officer;

(c) an authorised corrective services officer;

(d) the person subject to the order.

(2) The application may be made to—

(a) a court of equivalent jurisdiction to the court that made the control order; or

(b) a court of higher jurisdiction, if the person subject to the control order is before the court.

(3) An application under subsection (1) by the person subject to the control order may be made only on the ground that—

(a) the person can no longer reasonably comply with the order; and

(b) the person’s inability to comply with the order is because of a material change in the person’s circumstances since—

(i) if the order has previously been amended under this subdivision—the order was last amended; or

(ii) otherwise—the order was made.

(4) The application must be accompanied by—

(a) any affidavit the applicant intends to rely on at the hearing of the application; and

(b) if the application is for the amendment of the control order—a draft of the order the applicant is seeking from the court.

(5) If the applicant is not the person subject to the control order, the applicant must give a copy of the application, and any documents required to accompany the application under subsection (4) , to the person subject to the order.

(6) If the applicant is the person subject to the control order, a proper officer of the court must give a copy of the application, and any documents required to accompany the application under subsection (4) , to the prosecuting authority.

(7) The applicant must give the documents under subsection (5) or (6) —

(a) as soon as practicable after the application is filed; and

(b) at least 21 days before the day on which the application is to be heard.

(8) In this section—

"prosecuting authority" means—

(a) if the prosecutor who appeared before the court when the control order was made was a police officer—the commissioner or a person authorised to accept the application on the commissioner’s behalf; or

(b) if the prosecutor who appeared before the court when the control order was made was a Crown prosecutor—the director of public prosecutions or a person authorised to accept the application on the director’s behalf.